Fully Informed Jury Association

Are you fully informed about jury nullification?

Function of Juries & Jury Nullification | 04 Jun 2015

-Randy England On Jury Nullification When He Was A Prosecutor


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In last night’s episode of Freedom Feens, available for online listening here, Randy England spends some time discussing his experience with jury nullification from the prosecutor’s side of the courtroom. The jury nullification discussion comes up in the segment starting about an hour in, but there is extensive discussion of the recent Ross Ulbricht case before that, from which this topic develops.

One of these cases, England points out, led to a long-term change in the prosecutors’ office regarding what kind of cases the office chose to prosecute going forward. As a prosecutor, said England, “I didn’t care what the law said—you know, if something was against the law—if I thought that the community standards would not support it. I never filed a case that I didn’t think the community would convict on if I had to try it.” This power of prosecutor nullification is paralleled by jurors’ power of jury nullification, but prosecutor nullification is FAR more common than jury nullification.

Randy England is currently a criminal defense attorney and formerly also served as a prosecutor in Missouri. He has previously written on the subject of jury nullification:
Jury Nullification – The power to do what is right (Part 1)
Jury Nullification – The power to do what is right (Part 2)

Many thanks to Randy for creating more fully informed jurors!